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The Crime and Courts Act 2013 (Commencement No. 12) Order 2015

S.I. 2015/813 · Made 19 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Proceeds Of Crime, England And Wales

Legal Aid And Advice, England And Wales

Criminal Law

Made 19th March 2015

The Secretary of State makes the following Order in exercise of the power conferred by section 61(2) of the Crime and Courts Act 2013f1.

Annotations to the whole text

Footnotes

f1

2013 c. 22.

Contents

  1. 1Citation
  2. 2Provisions coming into force on the day after the day this order is made
  3. 3Provisions coming into force on 1st June 2015
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 12) Order 2015.

2Provisions coming into force on the day after the day this order is made

The following provisions of the Crime and Courts Act 2013 come into force on the day after the day this order is made—

(a)

in section 46 (restraint orders and legal aid)—

(i)

subsection (1), so far as it relates to the provisions in sub-paragraphs (ii) and (iii);

(ii)

subsection (5), for the purpose of exercising the power to prescribe by regulations; and

(iii)

subsections (6) and (7);

(b)

section 47 (restraint orders and legal aid: supplementary).

3Provisions coming into force on 1st June 2015

The following provisions of the Crime and Courts Act 2013 come into force on 1st June 2015—

(a)

section 18 (youth courts to have jurisdiction to grant gang-related injunctions);

(b)

section 46, so far as it is not already in force;

(c)

Schedule 12 (gang-related injunctions: further amendments).

Signature

Karen Bradley

Parliamentary Under Secretary of State

Home Office

19th March 2015

Explanatory note

(This note is not part of the Order)

This Order is the twelfth commencement order made under the Crime and Courts Act 2013 (c. 22).

Section 18 amends Part 4 of the Policing and Crime Act 2009 (‘the 2009 Act’) to provide for applications for gang-related injunctions for 14 to 17 year olds to be heard in the youth court, sitting in a civil capacity, rather than in the county court (or High Court). Schedule 12 makes consequential and related amendments to the 2009 Act.

Sections 46 and 47 make provision to enable property that is subject to a restraint order in accordance with Part 2 of the Proceeds of Crime Act 2002 (c. 29) to be used to make a legal aid payment. A legal aid payment is a payment that a person is obliged to make under the relevant legal aid legislation in relation to legal services provided to that person.

Article 2 commences the regulation-making powers in sections 46 and 47 on the day after the day this order is made, to enable regulations under those sections to be made. In accordance with article 3, the other provisions commenced by this Order come into force on 1st June 2015.